Bill Text: IA HF571 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act providing for the transportation of biogas using a gathering line system constructed within a secondary road right-of-way, and including effective date provisions.(Formerly HSB 157.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-01-17 - Subcommittee recommends passage. Vote Total: 3-0. [HF571 Detail]
Download: Iowa-2023-HF571-Introduced.html
House
File
571
-
Introduced
HOUSE
FILE
571
BY
COMMITTEE
ON
AGRICULTURE
(SUCCESSOR
TO
HSB
157)
A
BILL
FOR
An
Act
providing
for
the
transportation
of
biogas
using
a
1
gathering
line
system
constructed
within
a
secondary
road
2
right-of-way,
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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571
Section
1.
Section
306.2,
Code
2023,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
1A.
“Biogas
gathering
line
system”
means
a
3
system
of
one
or
more
gathering
lines
as
defined
in
49
C.F.R.
4
§192.3,
if
each
gathering
line
operates
at
or
under
one
hundred
5
twenty-five
per
square
inch
gauge,
and
is
used
to
transport
6
biogas
from
one
or
more
anaerobic
digester
systems,
as
defined
7
in
section
459.102,
to
a
processing
facility
for
the
production
8
of
renewable
natural
gas.
9
Sec.
2.
Section
306.46,
Code
2023,
is
amended
to
read
as
10
follows:
11
306.46
Public
utility
Utility
facilities
——
public
road
12
rights-of-way.
13
1.
a.
A
public
utility
may
construct,
operate,
repair,
14
or
maintain
its
utility
facilities
within
a
public
road
15
right-of-way.
The
location
of
new
utility
facilities
shall
16
comply
with
section
318.9
.
A
utility
facility
shall
not
be
17
constructed
or
installed
in
a
manner
that
causes
interference
18
with
public
use
of
the
road.
19
2.
b.
For
purposes
of
this
section
paragraph
“a”
,
“public
20
utility”
means
a
public
utility
as
defined
in
section
476.1
,
and
21
shall
also
include
waterworks,
municipally
owned
waterworks,
22
joint
water
utilities,
rural
water
districts
incorporated
under
23
chapter
357A
or
chapter
504
,
cooperative
water
associations,
24
and
electric
transmission
owners
as
defined
in
section
476.27
25
primarily
providing
service
to
public
utilities
as
defined
in
26
section
476.1
.
For
the
purposes
of
this
section
paragraph
27
“a”
,
“utility
facilities”
means
any
cables,
conduits,
wire,
28
pipe,
casing
pipe,
supporting
poles,
guys,
and
other
material
29
and
equipment
utilized
for
the
furnishing
of
electric,
gas,
30
communications,
water,
or
sewer
service.
31
2.
A
person
owning,
operating,
or
controlling
an
anaerobic
32
digester
system
or
a
person
owning,
operating,
or
controlling
a
33
processing
facility
for
the
production
of
renewable
natural
gas
34
may
construct,
operate,
repair,
or
maintain
a
biogas
gathering
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571
line
system
within
a
secondary
road
right-of-way.
A
gathering
1
line
system
shall
not
be
constructed
or
installed
in
a
manner
2
that,
by
its
use,
causes
interference
with
public
use
of
the
3
road.
4
3.
This
section
shall
not
impair
or
interfere
with
a
city’s
5
authority
to
grant,
amend,
extend,
or
renew
a
franchise
as
6
provided
in
section
364.2
,
and
shall
not
impair
or
interfere
7
with
a
city’s
existing
general
police
powers
to
control
the
use
8
of
its
right-of-way.
9
Sec.
3.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
10
importance,
takes
effect
upon
enactment.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
amends
provisions
that
allow
a
public
utility
to
15
construct,
operate,
and
maintain
a
public
utility
facility
16
within
a
public
road
right-of-way
so
long
as
the
facility
17
does
not
cause
interference
with
the
road’s
use
(amended
18
Code
section
306.46).
The
bill
provides
the
same
right
to
19
a
person
who
constructs,
operates,
and
maintains
one
or
more
20
gathering
lines
located
within
a
secondary
road
right-of-way
21
that
transport
biogas
from
an
anaerobic
digester
system
22
to
a
processing
facility
for
the
production
of
renewable
23
natural
gas.
An
anaerobic
digester
system
is
connected
to
a
24
confinement
feeding
operation
housing
livestock
that
stores
25
liquid
manure
on
site
using
a
storage
structure
(Code
section
26
459.206).
An
anaerobic
digester
processes
liquid
manure
27
by
utilizing
bacteria
to
break
down
organic
matter
in
the
28
absence
of
oxygen
for
purposes
of
producing,
collecting,
and
29
transporting
biogas
(Code
section
459.102).
Generally,
a
30
gathering
line
is
a
type
of
pipeline
used
to
move
gas
from
31
its
point
of
production
to
another
facility
for
processing
32
(refinement).
33
The
bill
takes
effect
upon
enactment.
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